Tax Evasion = Jail Time
In his Thoughts on Government, the second U.S. president, John Adams of Massachusetts, sagely observed that: "Fear is the foundation of most governments."
Based on its tax enforcement policies, the U.S. Internal Revenue Service could easily adopt that as its official agency motto.
Exhibit A: A "very sorry" Wesley Snipes, Hollywood star of the "Blade" movies, was sentenced to three years in prison last week for willfully failing to file U.S. income tax returns for 1999 through 2001. Snipes was convicted on three misdemeanor tax evasion counts.
U.S. District Judge William Terrell Hodges handed down the maximum sentence and said he felt it was important to create a general deterrent against tax defiance. Prosecutors said Snipes had earned more than $38 million since 1999 but still had not filed tax returns for the years 1999 through 2007 nor paid any taxes.
"I am very sorry for my mistakes and errors," Snipes told the judge. "This will never happen again." Sorry Wesley. Too little, too late.
Co-defendant Eddie Ray Kahn, a longtime tax protester who coached clients of his American Rights Litigators on supposedly how to beat the tax system, was sentenced to 10 years in prison. Co-Defendant Douglas Rosile, whom prosecutors called a "defrocked certified public accountant," was sentenced to 4-1/2 years for his part in the scheme. Both were convicted of conspiracy and tax fraud.
Fear Factor
As in the tax evasion case of the late millionairess Leona Helmsley who went to jail, with the Snipes the IRS wanted a show trial so that all taxpayers would be scared into unquestioning obedience to the laws "by pursuing a few prominent cases, making examples of those it judges to be violators" as The New York Times noted.
As a libertarian and a conservative I view taxes as, at best, a necessary evil.
I believe that when government takes wealth from some and gives it to others, it diminishes the rights and well being of the former, and often destroys the independence of the latter. The issue of taxation involves nothing less than the human and natural right to own, use and enjoy private property. Property and wealth determine personal power to control our own lives, to make decisions, and to live free. Every additional tax diminishes our freedom.
Nevertheless, the 16th Amendment to the U.S. Constitution granted the Congress the power to "... lay and collect taxes on income, from whatever source derived, without apportionment among the several states and without regard to any census or enumeration."
And, oh boy, the politicians have had a wonderful time ever since, laying and collecting taxes.
Enforced Exactions
Notwithstanding that language, it should be balanced by the statement of the late, distinguished Judge Learned Hand of the U.S. Court of Appeals in New York. In a memorable tax case dissent, Judge Hand offered these timeless remarks: "There is nothing sinister in arranging one's affairs so as to keep taxes as low as possible... nobody owes any public duty to pay more than the law demands. Taxes are enforced exactions, not voluntary contributions." Commissioner v. Newman, 159 F2d 848, 851 (2nd Cir 1947).
Charles Cain, editor of Offshore Investment, in an editorial rightfully charged that "the line between tax avoidance and tax evasion is purposely being blurred by governments, with honest people (and their tax advisors) being jailed for failed attempts at tax avoidance while tax evasion is put down on a moral level with heroine and cocaine pushing."
A great deal of time and effort on our part goes into exploring and explaining legal ways by which you can avoid, minimize, and defer taxes -- I repeat -- legal ways.
In the first page of every one of our book publications the following text appears:
The Sovereign Society advocates full compliance with applicable tax and financial reporting laws. U.S. law requires income taxes to be paid on all worldwide income wherever a U.S. person (citizen or resident alien) may live or have a residence. Each U.S. person who has a financial interest in, or signature authority over, bank, securities, or other financial accounts in a foreign country that exceeds $10,000 in aggregate value, must report that fact on his or her federal income tax return. An additional report must be filed by June 30th of each year on an information return (Form TDF 9022.1) with the U.S. Treasury. Willful noncompliance may result in criminal prosecution. You should consult a qualified attorney or accountant to insure that you know, understand and comply with these and any other reporting requirements.
The Biblical admonition to "'render unto Caesar" does not mean we have to surrender unto Caesar, and we shouldn't.
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